Bulletin | 2026 Regulatory Reforms – Delivery Exclusivity Period and Secret Shopper Program

This bulletin applies to all Marijuana Establishments, Medical Marijuana Treatment Centers, and Independent Testing Laboratories (collectively referred to as “licensees”).

Please consider this communication notice that effective March 27, the Secretary of the Commonwealth has promulgated the Cannabis Control Commission’s (“Commission”) new adult- and medical-use regulations that incorporate reforms to the delivery exclusivity period and the Commission’s Secret Shopper Program. This bulletin succeeds a previous bulletin the Commission issued relative to Jan. 2 regulatory reforms applicable to shelf-stable food items, wasting, badging, reporting requirements, social consumption, and other new policies.

Delivery Exclusivity Period

Effective March 27, the Commission has amended 935 CMR 500.050(10)(b) and (11)(f) to extend the exclusivity period for all Delivery licenses to April 1, 2029. The Marijuana Delivery Operator, Marijuana Courier, and Microbusiness with Delivery Endorsement business models will continue to be available only to applications from businesses controlled by and with majority ownership comprised of Social Equity Program Participants or Certified Economic Empowerment Priority Applicants for a minimum of three more years. Please note that in accordance with 935 CMR 500.050(10)(b)2.-3. and (11)(f)2.-3., the Commission may vote to extend exclusivity for an additional period in its discretion.

Secret Shopper Program

Under the new regulations, the Commission has also made changes to its Secret Shopper Program to clarify the use of its investigations and enforcement tool and to allow for the agency to engage with third parties in the exercise of its authority. Mainly, relative to 935 CMR 500.002 and 501.002, the Commission has included a new definition of Secret Shopper that identifies potential individuals the Commission may authorize to carry out the program’s purposes. The Commission further amended 935 CMR 500.303 and 501.303 to clarify the documentation, custody, preservation, and transportation processes for Secret Shopper activities, the Commission’s use of investigative results, as well as the qualifications of third parties with whom the Commission may engage. See 935 CMR 500.303(1)-(5), 501.303(1)-(5).

Licensees should be aware that under 935 CMR 500.303(6)-(7) and 501.303(6)-(7), they are obligated to cooperate with any lawful purchase or activity of a Secret Shopper and that interference with or retaliation against any Secret Shopper may constitute grounds for administrative or disciplinary action. Compliance-related questions should be directed to the lead investigator or compliance officer.

Following the promulgation of these changes, the Commission may, as appropriate, conduct a procurement seeking potential third-party partners to support the Secret Shopper Program. Information about any opportunities will be made available through the Commonwealth’s procurement platform, COMMBUYS, and may also be announced by Commission email. Questions about the state’s procurement process may be directed to the Commission at Procurement@CCCMass.com.

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Questions?

For general questions, please call the Commission at (774) 415-0200 or email Commission@CCCMass.com.